CHAP.
XVI.
Goods taken
by the Sheriff
on Fieri Facias,
how to be appraised.
and Notice
thereof given
to the Creditor,
who shall
receive so
much thereof
in Satisfaction,
as according to
the Appraisement
shall amount
to the
Debt and
Cost.
Or on his Refusal
to accept
the same,
the Sheriff
may retain
such Goods
in his own
Hands at the
Risque and
Expence of
the Creditor,
and the Sheriff's
Discharge
to the
Debtor for
such Amount,
shall be a perpetual
Bar against
the Creditor.
Where wither
Party is absent,
the Sheriff
may appoint
Two
Appraisers in
his Behalf.
If both Parties
be Non-Residents,
or
absent, the
Sheriff may
choose Appraisers
for
both. |
II. Be it Enacted,
by the Right Honourable the Lord Proprietary, by and with
the Advice and Consent of his Lordship's Governor, and the Upper and Lower
Houses
of Assembly, and by the Authority of the same, That from and after
the End
of this present Session of Assembly, if any Writ of Fieri Facias
shall be delivered
to any Sheriff of this Province, if the Defendant, where the Judgment
is against him for his proper Debt or Cost, will upon Oath shew all his
Personal
Estate, when thereto required, or where Judgment is rendered against
him, as an Executor or Administrator, shew all the Personal Estate of the
Deceased's in his Hands unadministered, to the Sheriff or his Deputy, so
that
such Sheriff may levy such Part thereof as the Creditor or Plaintiff, or
his
Attorney in Fact, or in Law shall direct, such Sheriff shall within Three
Days at furthest, cause such Goods, so taken, to be appraised by Four substantial
Free-holders of his County, Two of them to be named by the Plaintiff,
or his Attorney at Law r in Fact, and Two by the Defendant, and
who are neither Kin to Plaintiff or Defendant, Creditor or Debtor, who
upon their Oaths to be administered to them by the said Sheriff, shall
within
Three Days, indifferently and justly Value and Appraise the said Goods
and
Chattels, so taken in Execution; and the Sheriff shall thereupon give Notice
to the Creditor, or his Attorney at Law or in Fact, of the Value of the
said Goods, and shall deliver so much of the said Goods, as according to
such
Appraisement, will amount unto the Debt or Damage, and Cost in such Execution
mentioned, to the Plaintiff, or his Attorney at Law or in Fact, in
Discharge of such Debt and Cost; and the said Plaintiff or Creditor is
hereby
obliged to take and accept the same at such Appraisement and Value as aforesaid,
in Satisfaction of so much of his Debt, Damage or Cost, as such
Goods, according to Appraisement, will amount unto. And if any Creditor
or Plaintiff, or his Attorney in Fact, or Law, shall refuse or deny to
take and
accept the same, according to such Appraisement, such Sheriff is hereby
authorized
and impowered to retain in his Hands, at such Plaintiff's or Creditor's
proper Risque, so much of the said Goods as will satisfy the same Debt
or Damage, with Costs, for such Plaintiff's or Creditor's Use, who shall
pay
to such Sheriff all Costs and Charges he shall be at in keeping and securing
such Goods and Chattels; and the said Plaintiff or Creditor shall have
no other
Action against such Sheriff than only for such Goods and Chattels, so
taken and retained as aforesaid, and such Sheriff shall give a full and
sufficient
Discharge to such Debtor for so much of the Debt and Cost, as such Goods,
by such Appraisement, shall amount unto; which shall be a sufficient Bar
against
such Plaintiff or Creditor, and perpetually bar and hinder him from
taking out any other Execution against the Body, Goods or Chattels, Lands
or
Tenements of such Debtor, whose Goods ad Chattels as aforesaid, have
been taken in Execution as aforesaid, for so much as such Goods, by Appraisement,
shall amount unto; any Law, Statute, Usage or Custom to the
contrary notwithstanding.
III. Provided
always, That in case the Plaintiff or Defendant are Non-Residents
within the respective Counties wherein such Writs shall be executed
as aforesaid, or have not left and Attorney at Law, or in Fact, who is
a Resident
within the County, so that the Sheriff cannot conveniently give him or
them Notice within Three Days after the serving such Writs according to
the
Exigence of this Act, and who shall not be present at such Time and place
of Appraisement, or who, on Notice given, shall not think fit to be present
at such Time and Place, it shall and may be lawful for the Sheriff to choose
Two sufficient Free-holders, qualified as aforesaid, on Part and Behalf
of such
absent party, to the Ends aforesaid. And in case that both Plaintiff
and Defendant
are likewise Non-Residents in such County, and cannot conveniently
have Notice as aforesaid, nor shall be present thereat, that then such
Sheriff,
shall be, and is hereby impowered, on Behalf of both parties, to choose
Four Appraisers qualified as aforesaid, to make such Appraisement as aforesaid. |
